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The IMC Ona Permits Challenged In the IMC Ona case, there were two separate notices of intent and draft permits issued for the ERP/CRP and WRP Mod, originally in January 2003 and again, after a DEP reassessment of the Ona Mine project following the final order denying the Altman Tract permit, in February 2004.

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Initial procedures Petition(s) referred to DOAH/request for ALJ assignment –“Substantial interests” standing: Chapter 120 –Verified petition to “intervene” under 403.412(5): allegation that the activity to be permitted has or will have the effect of impairing, polluting, or otherwise injuring the air, water, or other natural resources of the state

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Procedures After Referral Initial Order: requests information in order to set hearing, determine what petitions to consolidate Motions to Dismiss –ECOSWF and Manasota-88 filed petitions in order to challenge the constitutionality of new revisions to s. 403.412(5) governing citizen standing. They were dismissed and then appealed. Appeal still ongoing in the First DCA, but likely to be dismissed soon as moot. –Hardee County voluntarily dismissed. Amended Petitions filed as of right following first dismissal Order to Consolidate Notice of Hearing –Ona final hearing rescheduled many times; multiple notices in this case –Finally set for hearing beginning May 10, 2004 Prehearing Order: Sets deadlines and procedures for discovery, prehearing conferences, exchanging witness and exhibit lists, governing site visits, conduct of depositions, and prehearing stipulation contents. Lots!

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Ona Discovery Discovery: standard rules of discovery apply –Depositions: About 150 depositions taken before hearing (all duces tecum) 4 standing depositions taken in lieu of live testimony at hearing Including 1.310(b)(6), standing, expert, and fact depositions Testifying witnesses, particularly experts, were deposed at least twice, sometimes more. –Requests for production of documents and things Production of portions GIS computer database on CD 13 requests for production of documents and things served –Requests for inspection of property/things Multiple visits by Petitioners to the property to be mined and reclaimed Visits to other IMC reclaimed sites Three Inspections of IMC’s GIS computer database

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Discovery cont’d Interrogatories –12 sets of interrogatories served Requests for admission –11 requests for admission served Many motions to compel discovery, compel more definition responses, for sanctions, for protective orders, etc., etc. Many telephonic hearings on such motions

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What comes next? Issuance of Recommended Order with specific rulings on proposed findings of fact Specific exceptions to findings of fact/conclusions of law may be filed within 10 days of RO Issuance of Final Order by DEP Secretary Appeal to First or Second DCA If denial: try, try again